Rajendra Tiwary vs The State Of Bihar Through The District ... on 23 August, 2018

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Patna High Court - Orders

Rajendra Tiwary vs The State Of Bihar Through The District ... on 23 August, 2018

Bench: Rajeev Ranjan Prasad

   IN THE HIGH COURT OF JUDICATURE AT PATNA
             Criminal Writ Jurisdiction Case No.1133 of 2016
======================================================
Rajendra Tiwary, son of Late Jagarnath Tiwary, resident of village -
Kusaudhi, P.S. - Mirganj, District - Gopalganj.


                                                        .... ....   Petitioner/s
                                   Versus
1. The State of Bihar through the District Magistrate, Gopalganj.
2. The Principal Secretary, Department of Home, Government of Bihar,
Patna.
3. The Director General of Police, Home (Police) Department, Government
of Bihar, Patna.
4. The District Magistrate, Gopalganj.
5. The Superintendent of Police, Gopalganj.
6. The Sub Divisional Police Officer, Hathua, District - Gopalganj.


                                         .............Respondents 1st Set.
7. The Thanadhyaksh Mirganj, Mirganj, P.S., District - Gopalganj.
8. Sri Akshay Lal Yadav, the Thanadhyaksh Mirganj, Mirganj, P.S. District
- Gopalganj.
9. Sri Rajendra Sinha, A.S.I., the Investigating Officer of M irganj PS Case
No 249/2016, Mirganj P.S., District - Gopalganj.
10. Shri Ashok Das, A.S.I., the Investigating Officer of Mirganj PS Case No
22/2016 and Mirganj PS Case No 22/2016, Mirganj P.S., District -
Gopalganj.
                                            ............Respondents 2nd Set.
11. Baby Devi wife of Om Nath Soni
12. Om Nath Soni son of Late Ramaji Soni Both 10 & 11 residents of
village - Purab Mohalla, P.O. - Mirganj, District - Gopalganj, presently
residing at Village - Mohanpura, P.O. - Kusaudhi, P.S. Mirganj, District -
Gopalganj.
13. Jagdish Tiwary son of Late Gopal Tiwary Resident of Village -
Mohanpura, P.O. - Kusaudhi, P.S. - Mirganj, District - Gopalganj.
       Patna High Court Cr. WJC No.1133 of 2016 (2) dt.23-08-2018                           2




                                                           .... .... Respondents 3rd Set
                   ======================================================
                   Appearance :
                   For the Petitioner/s : Mr. Sanjay Kumar Pandey No.-5.
                   For the Respondent/s        :   Mr. Md. Nadim Seraj, GP-5
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN
                   PRASAD
                   ORAL ORDER


2   23-08-2018

It appears that the petitioner has a grievance against some police officials and he has raised his grievance vide Annexure-10 and 13 to the writ application.

Learned counsel representing the petitioner submits that a direction be issued to the respondents 1st Set to institute a proper F.I.R. on the representations made by the petitioner. He has alleged certain illegal activities on the part of the police personnel of Mirganj Police Station.

Learned counsel for the State is present. In the nature of the grievance raised in the writ application and the relief prayed for, this Court, instead of indulging into the merit of the allegations, directs the petitioner that in case he is seeking for institution of F.I.R., his remedy would lie before the regular court in terms of the provisions of the Code of Criminal Procedure. The petitioner will be at liberty to seek his remedy accordingly for institution of F.I.R. Patna High Court Cr. WJC No.1133 of 2016 (2) dt.23-08-2018 3

This writ application is disposed off with the aforesaid directions and observations.

(Rajeev Ranjan Prasad, J) Arvind/-

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